Yes, according to a Wisconsin bankruptcy court. The court held that the Chapter 13 debtor’s income, which consisted solely of contributions from her mother, was consistent and stable enough to qualify the debtor as an “individual with regular income” under Code § 109(e). The court held that where the mother, who lived with the debtor, had made those contributions for eight years before the debtor filed her bankruptcy case, and the mother filed an affidavit stating that she had “nowhere else to live,” that “our living arrangements will not change,” and that she would continue her contribution for at least the five-year term of the debtor’s Chapter 13 plan. In re Kolchinsky, 2018 WL 5779861 (Bankr. E.D. Wis., Nov. 1, 2018)

The New Year brings 2018’s tax refunds, but what most Americans are concerned about is the decrease in tax returns this year that have dropped as much as 8 to 10 percent. The contesting results of both the government shutdown, new tax laws and people sending in refunds later in the year has caused a stir in what you will receive back. Some are even quoting it as the perfect tax storm. The Internal Revenue Service (IRS) data has reported this decrease, showing the average tax refund in the first two weeks of filing season this year as $1,865, compared to last year’s average of $2,035. This report also shows the decrease of tax returns and the number of those processed are down compared to…

According to a recent study conducted by iSeeCars, here is the list of the top 10 used car buys: Ford Expedition — 38.5 percent savings used vs new — $24,690 difference used vs new. While only a slight edge in the percentage department, Ford’s Expedition doubled-up on the No. 2 lightly-used budget buy. Kia Sedona — 37.8 percent savings used vs new — $12,918 difference used vs new. Chevrolet Impala — 36.4 percent savings used vs new — $11,837 difference used vs new. Infiniti QX80 — 34.9 percent difference used vs new — $26,188 difference used vs new. Ford Fusion Hybrid — 34.3 percent difference used vs new — $9,301 difference used vs new. Infiniti Q50 — 34.9 percent difference used vs new — $14,938…

Yes. In a recent South Carolina bankruptcy decision, the court held that a secured creditor’s failure to object to its treatment in a Chapter 13 plan constitutes acceptance of the plan under Code § 1325(a)(5)(A). In re Stephens, Case No. 3:18-bk-1736 (Bankr. D. S.C., Oct. 16, 2018)

In a recent 9th Cir. B.A.P decision, the court held that a California state court judgment was not entitled to issue-preclusive effect as to the debtor’s fraud under California law. The state court made numerous findings of fraudulent conduct by the debtor. Nonetheless, in a nondischargeability proceeding under Code § 523(a)(2)(A), the court denied to hold that the state court judgment had an issue-preclusive effect as to the debtor’s fraud where there was no indication in the record that any of the state court’s fraud findings were essential to the judgment. In re Tinajero, 2018 WL 4939467 (9th Cir. B.A.P., Oct. 11, 2018)

In a recent Montana bankruptcy court ruling, does not prohibit creditors from applying Chapter 13 plan payments to outstanding postpetition interest prior to paying down the principal balance. Accordingly, where the debtors’ confirmed Chapter 13 plan did not modify the contractual rights of the debtors’ student loan creditor, the creditor did not violate the plan by applying payments received from the Chapter 13 trustee first to prepetition and postpetition interest, in accordance with federal regulations, prior to paying down the principal balance of the debtors’ student loan debts. Over the term of the plan, payments on each student loan debt that were greater than the principal balance of each debt on the petition date. As a result, the debtor were left with substantial remaining student…